CHAP. XLIV. 1770. May. The document could not increase the zeal of the patriots of Boston; Hutchinson made an effective use of it to quicken the apprehensions of the Ministry; and its reception contributed to produce that new set of measures, which hastened American Independence by seeking to crush its spirit.1 England assumed, that there existed a design for a general revolt, when there only existed a desire to resist "innovations;" but the inference was a just one, that between the opinions of the House of Lords and those of the Town of Boston, the difference was irreconcilable. The eagerness of Hutchinson to keep Bernard's favor and ingratiate himself with Hillsborough, induced him to call the newly elected Legislature, as he had done the last, to Cambridge. "Not the least shadow of necessity," said the House in its remonstrance, "exists for it. Prerogative is a discretionary power vested in the King only for the June. good of the subject." Hutchinson had over-acted his part; and now found himself embarrassed by his own arbitrary act, for which he dared not assign the true reason and could not assign a good one. The House censured his conduct by a vote of ninety-six against six, and refused to proceed to any other business than that of organizing the Government. Thus Hutchinson opened his administration with a foolish strife, wantonly provoked, and promising no advantage whatever to British authority. Meantime a most elaborate paper on the disorders in America, was laid before the British Council. 'Hutchinson's History, iii. 290. XLIV. 1770. June. Long and earnest deliberations ensued. On the one CHAP. side, Hillsborough pressed impetuously for the execution of his plans, as the only means of arresting the progress of America towards Independence; while Lord North, with better judgment, was willing to wait, being persuaded that the associations for nonimportation would fall asunder of themselves. Canada, Carolina and Georgia, and even Maryland July. and Virginia had increased their importations; and New England and Pennsylvania had imported nearly one half as much as usual; New-York alone had been perfectly true to its engagement; and its imports had fallen off more than five parts in six. It was impatient of a system of voluntary renunciation, which was so unequally kept; and the belief was common, that if the others had adhered to it as strictly, all the grievances would have been redressed.1 Merchants of New-York, therefore, consulted those of Philadelphia on agreeing to a general importation of all articles except of tea; the Philadelphians favored the proposition, till a letter arrived from Franklin, urging them to persevere on their original plan.2 Sears and MacDougall in New-York strenuously resisted concession; but men went from ward to ward to take the opinions of the people; and it was found that eleven hundred and eighty against three hundred were disposed to confine the restriction to tea alone.3 "If any merchant should presume to break through the non-importation agreement, except in concert 1 W. S. Johnson to Gov. Trumbull, 6 March, 1770. Franklin's Works, vii. 468, 469. Compare too, W. S. Johnson to Gov. Trumbull, 21 May, 1770. C. Colden to Hillsborough, 7 CHAP. With the XLIV. 1770. July. several Provinces, the goods imported A should be burnt as soon as landed, and I am ready to peril my life in the attempt." Such were the words of Isaac Sears at a public meeting of the resolute patriots. The decision was on the balance; an appeal was again taken to the people; and as it appeared that a majority favored resuming importations, the packet of July which had been detained for a few days, sailed before the middle of the month with orders for all kinds of merchandise excepting tea.1 "Send us your old Liberty Pole, as you can have no further use for it," said the Philadelphians. The students at Princeton burnt the New-York merchants' letter by the hands of the hangman. Boston tore it into pieces and threw it to the winds. South Carolina, whose patriots had just raised the statue to Chatham, read it with disdainful anger. But there was no help; Lord North had reasoned so far correctly; the non-importation agreement had been sacredly enforced by New-York alone, and now trade between America and England was open in every thing but TEA. 2 Colden to Hillsborough, 10 A Card from the Inhabitants of Philadelphia, &c. July, 1770. 3 Votes at a full Meeting of the Trade at Faneuil Hall, 24 July, 1770. CHAPTER XLV. MARTIAL LAW INTRODUCED INTO MASSACHUSETTS.-HILLSBO- JULY-OCTOBER, 1770. XLV. 1770. GREATER joy was never shown than prevailed in CHAP London at the news that America was resuming commercial intercourse. The occasion invited correspond- July. ing concessions, which Lord North would have wil lingly made; but the majority of his colleagues had been led to consider "the state of the Colony of Massachusetts Bay more desperate than ever; "1 and on the sixth of July the King in Council gave an order, making a beginning of Martial Law within that Province, and preparing the way for closing the Port of Boston. Hutchinson paid court by acting in the same spirit; and in July once more summoned the Legislature to Cambridge. For this repeated wrong to the public service of the Colony, he continued to offer no other excuse than the King's will. The highest advocate for the divine right of regal power 1 State of the Disorders Confusion and Misgovernment, &c. &c. 1770. July. CHAP. had never gone so far as to claim, that it might XLV. be used at caprice, to inflict wanton injury. There was no precedent for the measure but during the worst of times in England, or in France, where a Parliament had sometimes been worried into a submission by exile. Aug. Sept. The Assembly expressed in the strongest terms the superiority of the Legislative body to royal instructions; and in answer to the old question of what is to be done upon the abusive exercise of the prerogative, they went back to the principles of the Revolution, and adopted the words of Locke: "In this as in all other cases, where they have no judge on earth, the people have no remedy but to appeal to Heaven.” They drew a distinction between the King and his servants; and attributed to "wicked Ministers" the daring encroachments on their liberty, as well as "the impudent mandate " to one House, "to rescind an excellent resolution of a former one." Hutchinson made haste to expose his Sovereign personally to contempt. On the third day of August he communicated to the House, that the instruction to rescind, which they had called an impudent mandate, was an order from the King himself, whose "immediate attention," he assured them, they would not be able "to escape." In this manner the royal dignity and character were placed on trial before a colonial Assembly, and Monarchy itself was losing all its halo. The session had passed without the transaction of any business, when, near the evening of Saturday, the eighth day of September, Hutchinson received the order which had been adopted in July by the King in Council, and which marks the beginning of a system |